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The Cost of 24 Hours: Abandonment Did Not Excuse Failure to Give Proper Termination Notice

Although a sub apparently abandoned a project, breaching its subcontract, the general contractor’s failure to give 48 hours’ termination notice required by the subcontract was also a breach (it had given 24 hours’ notice). The trial court decis… Read More
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Periodic Lien Waiver and Release Barred Subsequent Claim

Monthly lien waivers are a common element of the payment process for a construction project. Often, the lien waiver form includes acknowledgment of payment in full through a date certain, and sometimes the form includes release language. A New York c… Read More
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Multi-Building Condominium: When Does Statute of Repose Begin?

The Supreme Court of Minnesota has ruled that the MN statute of repose, for a multi-building condominium project, is determined on a building-by-building basis, and not on completion of the entire project. As noted below, a federal court judge in Mas… Read More
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Falling Tree Limbs and the Government Contractor Defense

A bicycle rider was injured when struck by a falling limb, during tree trimming work in conjunction with a U.S. Army Corps of Engineers drainage project. The bike rider sued the contractor in Louisiana state court, and the contractor removed the case… Read More
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Agreement to Arbitrate Assignable, but Subject to Statute of Limitations

Construction of an apartment building was completed in 2005, under a contract with an arbitration clause. The building was sold in 2015, and the seller assigned its rights under the construction contract to the buyer. In 2018, one or more balconies o… Read More
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Equitable Estoppel by Conduct and Silence Precluded Liquidated Damages

Retail owner and contractor had completed nine projects in two states. Most projects were completed beyond the original completion date, but no liquidated damages had been assessed. The current dispute concerned construction of five stores in Maine.… Read More
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Turning Lien Claim into Criminal Claim?

A New York case that started with a contractor’s lien claim showcases a poor intersection between the legal and political system. But a County Court judge saw through the machinations of a district attorney and dismissed criminal charges that had b… Read More
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One-Year Limitations Period Enforceable for Insurance Policy Claims

In what may seem to many as a harsh decision, the New Hampshire Supreme Court has upheld a one-year limitations period in an insurance policy. The insurance carrier and insured homeowners were in contact soon after the loss. The carrier did some inve… Read More
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Duty to Defend Enforceable Even if Duty to Indemnify is Unresolved

A Connecticut court, applying plain language in a subcontract, has held that the sub must defend the general contractor in an injured worker lawsuit, even if the sub’s obligation to indemnify the GC is not yet established. The worker was employed b… Read More
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What Triggers the Statute of Repose on Multi-Phase Project?

It’s a controversial decision on a controversial topic, but a federal court judge has held that the statute of repose on a multi-phase project was triggered by the last phase, and not sooner. In Massachusetts, the six-year statute of repose clock s… Read More
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About Stan Martin

Stanley A. Martin's Profile Image
Stan Martin holds a law degree and an undergraduate degree in architecture. He has been involved with the construction industry for more than 45 years, working in construction prior to law school and beginning his construction law practice. Over the course of his career, he has served on boards and committees for organizations including the Associated General Contractors of Massachusetts, the Boston Society of Architects, and the Massachusetts Building Congress.

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